C-Kitchen Associates, Inc. v. Travelers Insurance

Order unanimously affirmed without costs. Memorandum: Upon this appeal from an order denying defendant’s motion for a protective order and in the absence of a defense motion for accelerated judg*973ment, the merits of plaintiffs complaint are not before us (see, CPLR 3211 [a] [7]; 3212). (Appeal from order of Supreme Court, Erie County, McGowan, J. — discovery.) Present — Den-man, J. P., Pine, Lawton, Davis and Lowery, JJ.